Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
23905
Merck & Co. Inc., et al. v. Apotex Inc., et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1995-08-18 | Appeal closed | |
| 1995-08-18 | Close file on Leave | |
| 1995-03-16 | Correspondence (sent by the Court) to, sent to Federal Court of Canada (Ottawa, ON) enclosing their record | |
| 1995-01-20 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1995-01-20 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1995-01-20 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1995-01-20 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1995-01-19 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1994-12-15 |
Judgment on the appeal rendered, LaF L'HD So G Co Ia Ma, The appeal is dismissed with costs. Dismissed, with costs |
|
| 1994-12-15 | Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1994-12-15 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-12-15 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON) | |
| 1994-12-13 | General proceeding, transcripts received (96 pages) | |
| 1994-12-05 |
Hearing of the appeal, 1994-12-05, LaF L'HD So G Co Ia Ma Decision reserved |
|
| 1994-12-05 | Supplemental document, 10 copies of EXTRACTS FROM THE JOINT BOOK OF AUTHORITIES (GIVEN IN COURT BY THE APPELLANT) | Merck & Co. Inc. |
| 1994-11-16 |
Decision on motion to extend time, to file the factum joint with motion to extend time to file Minister of Nat. Health and Welfare's factum to Nov 4/94, Reg Granted, no order as to costs |
|
| 1994-11-16 | Hearing of motion to extend time, 1994-11-16, to file the factum joint with motion to extend time to file Minister of Nat. Health and Welfare's factum to Nov 4/94, Reg | |
| 1994-11-16 | Submission of motion to extend time, 1994-11-16, to file the factum joint with motion to extend time to file Minister of Nat. Health and Welfare's factum to Nov 4/94, Reg | |
| 1994-11-15 | Response to motion to extend time, of Goodman & Goodman to file the respondent's factum (A.G.Canada) to Nov. 4/94 - book form, with service | Apotex Inc. |
| 1994-11-15 | Response to motion to extend time, of McCarthy, Tétrault to file the respondent's factum (A.G.Canada) to Nov. 4/94 - book form, with service | Merck & Co. Inc. |
| 1994-11-15 | Affidavit, of Kent E. Thomson to file the respondent's factum (A.G.Canada) to Nov. 4/94 (book form), with service | Attorney General of Canada |
| 1994-11-15 | Motion to extend time, to file the respondent's factum on Nov. 4/94 (book form - joint with motion to extend the time to file the respondent's factum of the Min. of Nat. Health and Welfare), with service | Attorney General of Canada |
| 1994-11-10 | Book of authorities, JOINT 12 copies of vol. I & II | Merck & Co. Inc. |
| 1994-11-10 | Appeal hearing | |
| 1994-11-10 | Appeal removed from the list | |
| 1994-11-04 | Respondent's factum, 24 copies (extension of time requested), with service | Attorney General of Canada |
| 1994-10-05 |
Appeal hearing scheduled, 1994-12-05 Decision reserved |
|
| 1994-10-04 | Respondent's factum, 24 copies | Apotex Inc. |
| 1994-09-21 | Correspondence (sent by the Court) to, from Goodman & Goodman to Registrar re: their Ottawa Agents will be Nelligan & Power (fax copy) | |
| 1994-09-08 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, re: order inscribing this appeal for the Fall Granted, no order as to costs |
|
| 1994-09-08 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-09-08, re: order inscribing this appeal for the Fall | |
| 1994-09-08 | Hearing of motion to expedite the appeal, 1994-09-08, re: order inscribing this appeal for the Fall | |
| 1994-09-08 | Submission of motion to expedite the appeal, 1994-09-08, re: order inscribing this appeal for the Fall | |
| 1994-09-08 | Proof of service, of the affidavit of Emmanuel Manolakis to the respondent Apotex Inc. | |
| 1994-09-07 | Affidavit, of EMMANUEL MANOLAKIS in reply to the afffidavit of Richard Naiberg counsel for the respondent Apotex | Merck & Co. Inc. |
| 1994-09-02 | Affidavit, of Richard Naiberg in opposition to the motion returnable Sept. 8/94 | Apotex Inc. |
| 1994-09-01 | Notice of miscellaneous motion, from Lorne Morphy to M. Larmour re: A. G. Canada and Min. of National Healt take no position on the misc. motion (fax copy) | Attorney General of Canada |
| 1994-08-30 | Proof of service, of Janet Hobbs of the miscellaneous motion | |
| 1994-08-29 | Affidavit, (TO ABRIDGE THE TIME FOR INSCRIPTION OF THE APPEAL) affidavit of Donald G. Miller - 1 copy | Merck & Co. Inc. |
| 1994-08-29 | Notice of miscellaneous motion, (TO ABRIDGE THE TIME FOR INSCRIPTION OF THE APPEAL) - 1 copy | Merck & Co. Inc. |
| 1994-08-29 | Affidavit, (TO BE HEARD IN THE FALL SESSION 1994) affidavit of Donald G. Miller - 1 copy | Merck & Co. Inc. |
| 1994-08-29 | Motion to expedite the appeal, (TO BE HEARD IN THE FALL SESSION 1994) - 1 copy | Merck & Co. Inc. |
| 1994-08-12 | Appeal court record, (2 boxes) | |
| 1994-08-12 | Certified casebook, vol. I to VI | Merck & Co. Inc. |
| 1994-08-09 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-08-09 | Service, COPY OF APPELLANT'S FACTUM | |
| 1994-08-04 | Appellant's factum, 23 copies | Merck & Co. Inc. |
| 1994-08-04 | Case on appeal, 23 copies of vol. I to VI | Merck & Co. Inc. |
| 1994-06-17 | Payment out cheque issued, #2201-01034987 | |
| 1994-06-17 | Approved order for payment out, (CERTIFICATE #2307), with service | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to McCarthy, Tetrault (Toronto, ON) from C. Alain enclosing copy of Rule 32 | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to Goodman & Goodman (Toronto, ON) from C. Alain enclosing a copy of Rule 32 | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Ottawa, ON) from C. Alain enclosing copy of Rule 32 | |
| 1994-06-13 | Correspondence (sent by the Court) to, sent to Tory, Tory, Deslauriers & Binnington (Toronto, ON) from C. Alain enclosing copy of Rule 32 | |
| 1994-05-30 | $500 security deposit paid, direction #2307 | Merck & Co. Inc. |
| 1994-05-30 | Notice of appeal, With service | Merck & Co. Inc. |
| 1994-04-29 | Notice of deposit of judgment issued to all parties, Tory, Tory, Deslauriers & Binnington (Toronto, ON) | |
| 1994-04-29 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa, ON) | |
| 1994-04-29 | Notice of deposit of judgment issued to all parties, Goodman & Goodman (Toronto, ON) | |
| 1994-04-28 |
Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-03-07 | All materials on application for leave submitted to the Judges, LaF So Ma | |
| 1994-01-28 | Correspondence received from, of Kent E. Thomson (Tory Tory DesLauriers & Binnington) to advise the Court that he adopts the submissions of Apotex Inc., particularly in paragraph 25 of its factum. The A.G. of Canada and the Minister of National Health have not the intention to file a | Attorney General of Canada |
| 1994-01-12 | Applicant's reply to respondent's argument, 5 copies, with service | Merck & Co. Inc. |
| 1994-01-06 | Respondent's response on the application for leave to appeal, 5 copies, with service | Apotex Inc. |
| 1993-12-17 | $30.00 filing fee, receipt no. 27986 | Merck & Co. Inc. |
| 1993-12-17 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-12-17 | Merck & Co. Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Merck & Co. Inc. | Applicant | Active |
| Merck Frosst Canada Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
| Minister of National Health and Welfare | Respondent | Active |
Counsel
Party: Merck & Co. Inc.
Counsel
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Merck Frosst Canada Inc.
Counsel
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Apotex Inc.
Counsel
2400 - 250 Yonge St
P.O. Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Attorney General of Canada
Counsel
3000 AETNA TOWER
PO BOX 270 STN TORONTO DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Minister of National Health and Welfare
Counsel
3000 AETNA TOWER
PO BOX 270 STN TORONTO DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Department of Justice
284 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4863
FAX: (613) 954-1920
Email: Donald.Rennie@justice.x400.gc.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Federal Court of Canada, Trial Division
T-427-93
see file
Federal Court of Appeal
A-457-93
appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available